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South Dakota Public Utilities Commission Meeting
September 24, 2024, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioner Gary Hanson and Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Commission Advisor Greg Rislov; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Joseph Rezac, Patrick Steffensen and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Deputy Executive Director Leah Mohr.
Also present were William Van Camp, Olinger Lovald, McCahren & Van Camp, P.C., representing Leola Data Center; Brett Koenecke, May Adam, representing Montana-Dakota Utilities Co., a Subsidiary of MDU Resource Group Inc. (MDU); and Bob Mercer, Keloland News.
Joining the meeting by telephone were Mollie Smith, Fredrikson & Byron, P.A., representing Otter Tail Power Company; Robert Endris, Joshua Humberg and Jason Weiers, Otter Tail Power Company; Haley Waller Pitts, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC; Daniel Brown, East River Electric Power Cooperative, Inc.; Meredith Moore, Cutler Law Firm, LLC representing Basin Electric Power Cooperative; Travis Jacobson, MDU; and Jeffrey Decker, NorthWestern Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, September 24, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc09242024.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on September 10, 2024 (Staff: Janeth Merriman)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on September 10, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 41 contacts since the last report was prepared for the September 10, 2024, Commission meeting.
Six contacts were related to telecommunications services, 14 contacts were related to electric services, five contacts were related to natural gas services, seven contacts were related to wireless services, two contacts were related to the Do Not Call Registry, and seven contacts were related to issues not regulated by the PUC.
966 of the 981 contacts received in 2024 have been resolved.
Electric
1. EL24-015 In the Matter of the Application by Otter Tail Power Company and Western Minnesota Municipal Power Agency for a Facility Permit for a 345-kV Transmission Facility and Associated Facilities in Grant County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Logan Schaefbauer, Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended the Commission approve the proposed procedural schedule filed by PUC staff on September 16, 2024. Ms. Mollie Smith, Fredrikson & Byron, P.A., representing Otter Tail Power Company supported staff’s recommendation with the addition that the Commission permit certain rebuttal witnesses to testify without prefiled testimony.
Commissioner Nelson moved to approve the proposed procedural schedule based on PUC Staff’s September 16, 2024, motion and to grant Applicant’s request to allow rebuttal witnesses to testify without prefiled testimony only in response to Commission questions and new issues arising at the evidentiary hearing. Motion carried 3-0.
2. EL24-023 In the Matter of the Application by Deuel Harvest Wind Energy South LLC for Energy Facility Permits of a Wind Energy Facility and a 345-kV Transmission Facility in Deuel County, South Dakota, for the South Deuel Wind Project (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Amanda Reiss, staff attorney, recommended the Commission approve the proposed procedural schedule filed by PUC staff on September 13, 2024. Ms. Haley Waller Pitts, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC supported staff’s recommendation.
Commissioner Fiegen moved to approve the proposed procedural schedule. Motion carried 3-0.
3. EL24-028 In the Matter of the Request by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of an Electric Service Agreement under Rate 45 between Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., and Leola Data Center LLC (Staff Analyst: Patrick Steffensen; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst, Amanda Reiss)
Mr. Daniel Brown, East River Electric Power Cooperative, Inc.’s (East River); Ms. Meredith Moore, Cutler Law Firm, LLP representing Basin Electric Power Cooperative (Basin); Mr. William Van Camp, Olinger, Lovald McCahren & Van Camp, P.C. representing Leola Data Center, each asked the Commission to grant their respective petitions to intervene. Mr. Brown relayed that Mr. Vaughn Beck, Beck Law representing FEM Electric Association Inc. (FEM), also requested approval of that organization’s petition to intervene. Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Montana-Dakota Utilities Co., and Mr. Logan Schaefbauer, staff attorney, did not object to the request of Leola Data Center and did object to the request of FEM, East River, and Basin.
Commissioner Nelson moved the Commission grant Leola Data Center’s petition to intervene and to deny intervention to FEM, East River, and Basin without prejudice. Motion carried 3-0.
ADDENDUM TO THE AGENDA OF THE COMMISSION MEETING
Natural Gas
1. NG24-010 In the Matter of the Filing by NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Approval of Its Gas Transportation Tariff Revisions Regarding Fuel Retention Percentage
Mr. Jeff Decker, NorthWestern Energy Public Service Corporation dba NorthWestern Energy, requested the Commission approve the company’s requested tariff revisions with an effective date of October 1, 2024. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the company’s requested tariff revisions effective October 1, 2024. Motion carried 3-0.
There being no further business, at the hour of 10:02 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
September 24, 2024
